JASON IVLER V. HON.

MARIA ROWENA MODESTO-SAN PEDRO

November 17, 2010 || Carpio J.
Quasi-Offenses
DOCTRINE: “Quasi-offenses penalizes the mental attitude or condition behind the act, the dangerous recklessness, lack of care or
foresight, the imprudencia punible “
CASE SUMMARY: Ivler was charged and prosecuted for 2 offenses, he pleaded guilty for the 1 st charge. He then petitioned to quash
or suspend the prosecution for the 2nd charge on the basis of double jeopardy but the MeTC and the RTC dismissed his petitions to
suspend or quash the proceedings of the 2 nd charge. The court here ruled that Reckless imprudence is a single crime and a prior
conviction or acquittal of reckless imprudence bars subsequent prosecution for the same offense.

FACTS:
1. August 2004: Vehicular Collision
a. Following the collision, Jason Ivler was charged in the MTC of Pasig (2 separate offenses)
i. Reckless Imprudence Resulting in Slight Physical Injuries for injuries sustained by respondent Evangeline
L. Ponce (respondent Ponce) AND
ii. Reckless Imprudence Resulting in Homicide and Damage to Property for the death of respondent
Ponce's husband Nestor C. Ponce and damage to the spouses Ponce's vehicle.
b. Petitioner posted bail for his temporary release in both cases
2. September 7, 2004: Ivler pleaded guilty for the 1st charge
a. was meted out the penalty of public censure
b. Ivler then moved to quash the 2nd information charged  dismissed by MeTC (no identity of offenses in 2 cases)
i. Invoking Double Jeopardy
ii. 2nd punishment for the same offense of reckless imprudence
3. Ivler raised issue to RTC of Pasic City [In a petition for certiorari (S.C.A. No. 2803)]
a. Meanwhile, Ivler sought from the MeTC the suspension of proceedings for the 2 nd charge
i. including the arraignment on 17 May 2005, invoking S.C.A. No. 2803 as a prejudicial question.
b. MeTC still proceeded with the arraignment WITHOUT acting on Ivler’s request
i. Because of Ivler’s absence, MeTC cancelled his bail and ordered his arrest.
ii. 7 days later, MeTC issued a resolution denying petitioner's motion to suspend proceedings and
postponing his arraignment until after his arrest.
4. RTC: Affirmed MeTC
a. IVLER: Invoking jurisprudence, argues that his constitutional right not to be placed twice in jeopardy of punishment
for the same offense bars his prosecution in the 2nd charge, having been previously convicted in 1st charge for the
same offense of reckless imprudence charged in the 2nd information. Petitioner submits that the multiple
consequences of such crime are material only to determine his penalty.
b. PONCE: calls the Court's attention to jurisprudence holding that light offenses (e.g., slight physical injuries) cannot
be complexed under Article 48 of the Revised Penal Code with grave or less grave felonies (e.g., homicide).
i. Prosecution was obliged to separate the 1st and 2nd charge

ISSUES: W/N Ivler’s constitutional right under the Double Jeopardy Clause bars further proceedings for the 2 nd charge - YES

RULING:
1. Ivler’s conviction for the 1st charge bars his prosecution for the 2nd charge
a. Ivler’s negative constitutional right not to be “twice put in jeopardy of punishment for the same offense” protects
him from post-conviction prosecution for the same offense
b. Ivler’s conviction for the 1st charge was rendered by a court of competent jurisdiction upon a valid charge
c. The court found that the two charges involve the “same offense”
2. Reckless Imprudence is a single crime, its consequences on persons and property are material only to determine the
Penalty
a. The two charges, arising from the same facts were prosecuted under the same provision of the RPC as amended
(Article 365) defining and penalizing quasi-offenses
i. 4 sub-groupings:
1. The penalties attached to the quasi-offenses of "imprudence" and "negligence" (paragraphs 1-2);
2. A modified penalty scheme for either or both quasi- offenses (paragraphs 3-4, 6 and 9);
3. A generic rule for trial courts in imposing penalties (paragraph 5);
4. The definition of "reckless imprudence" and "simple imprudence" (paragraphs 7-8).
 ii. Conceptually, quasi-offenses penalize "the mental attitude or condition behind the act, the dangerous
recklessness, lack of care or foresight, the imprudencia punible, " unlike willful offenses which punish the
intentional criminal act.
b. Quizon v. Justice of the Peace of Pampanga: ruling rejected the previous ruling in Faller stating that "reckless
imprudence is not a crime in itself but simply a way of committing it . . ." based on analysis of..
i. The object of punishment in quasi- crimes (as opposed to intentional crimes);
ii. The legislative intent to treat quasi- crimes as distinct offenses (as opposed to subsuming them under the
mitigating circumstance of minimal intent) and
iii. The different penalty structures for quasi- crimes and intentional crimes:
1. In intentional crimes, the act itself is punished; in negligence or imprudence, what is principally
penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of
care or foresight, the imprudencia punible. . . .
2. Were criminal negligence but a modality in the commission of felonies, operating only to reduce
the penalty therefor, then it would be absorbed in the mitigating circumstances of Art. 13,
specially the lack of intent to commit so grave a wrong as the one actually committed.
3. It can be seen that the actual penalty for criminal negligence bears no relation to the individual
willful crime, but is set in relation to a whole class, or series of crimes.
iv. The technically correct way to allege quasi-crimes is to state that their commission RESULTS in damage (to
person or property)
3. Prior Conviction or Acquittal of Reckless Imprudence Bars Subsequent Prosecution for the Same Quasi-Offense
a. JBL Reyes in Buan case: Reason and precedent both coincide in that once convicted or acquitted of a specific act of
reckless imprudence, the accused may not be prosecuted again for that same act. For the essence of the quasi
offense of criminal negligence under article 365 of the Revised Penal Code lies in the execution of an imprudent or
negligent act that, if intentionally done, would be punishable as a felony. The law penalizes thus the negligent or
careless act, not the result thereof. The gravity of the consequence is only taken into account to determine the
penalty, it does not qualify the substance of the offense. And, as the careless act is single, whether the injurious
result should affect one person or several persons, the offense (criminal negligence) remains one and the same,
and cannot be split into different crimes and prosecutions. … the exoneration of this appellant, Jose Buan, by the
Justice of the Peace (now Municipal) Court of Guiguinto, Bulacan, of the charge of slight physical injuries through
reckless imprudence, prevents his being prosecuted for serious physical injuries through reckless imprudence in
the Court of First Instance of the province, where both charges are derived from the consequences of one and the
same vehicular accident, because the second accusation places the appellant in second jeopardy for the same
offense.
4. Article 48 Does not Apply to Acts Penalized Under Article 365 of the Revised Penal Code
a. Article 48 is a procedural device allowing single prosecution of multiple felonies falling under either of two
categories. The legislature crafted this procedural tool to benefit the accused who, in lieu of serving multiple
penalties, will only serve the maximum of the penalty for the most serious crime.
b. In contrast, Article 365 is a substantive rule penalizing not an act defined as a felony but "the mental attitude . . .
behind the act, the dangerous recklessness, lack of care or foresight . . .," a single mental attitude regardless of
the resulting consequences.
i. Article 365 was crafted as one quasi-crime resulting in one or more consequences.
c. Normally, both articles operate smoothly EXCEPT a hybrid quasi-offense not falling under either models is
produced — that of a single criminal negligence resulting in multiple non-crime damages to persons and property
with varying penalties corresponding to light,less grave or grave offenses
i. One line of rulings (none of which involved the issue of double jeopardy) applied Article 48 by
"complexing" one quasi- crime with its multiple consequences unless one consequence amounts to a light
felony, in which case charges were split by grouping, on the one hand, resulting acts amounting to grave
or less grave felonies and ling the charge with the second level courts and
ii. On the other hand, resulting acts amounting to light felonies and ling the charge with the first level courts.
Expectedly, this is the approach the MeTC impliedly sanctioned (and respondent Ponce invokes), even
though under Republic Act No. 7691, the MeTC has now exclusive original jurisdiction to impose the most
serious penalty under Article 365 which is prision correctional in its medium period.
d. The court ruled that prosecutions under Article 365 should proceed from a single charge regardless of the
number or severity of the consequences. In imposing penalties, the judge will do no more than apply the penalties
under Article 365 for each consequence alleged and proven.
i. There shall be no splitting of charges under Article 365, and only one information shall be filed in the
same first level court.
DISPOTION: WHEREFORE, we GRANT the petition. We REVERSE the Orders dated 2 February 2006 and 2 May 2006 of the Regional
Trial Court of Pasig City, Branch 157. We DISMISS the Information in Criminal Case No. 82366 against petitioner Jason Ivler y Aguilar
pending with the Metropolitan Trial Court of Pasig City, Branch 71 on the ground of double jeopardy.

NOTES:

Article 365: In the imposition of these penalties, the court shall exercise
Imprudence and negligence. — Any person who, by reckless their sound discretion, without regard to the rules prescribed
imprudence, shall commit any act which, had it been in Article sixty-four.
intentional, would constitute a grave felony, shall suffer the
penalty of arresto mayor in its maximum period to prision The provisions contained in this article shall not be applicable:
correctional in its medium period; if it would have constituted 1. When the penalty provided for the offense is equal to or
a less grave felony, the penalty of arresto mayor in its lower than those provided in the first two paragraphs of this
minimum and medium periods shall be imposed; if it would article, in which case the court shall impose the penalty next
have constituted a light felony, the penalty of arresto menor lower in degree than that which should be imposed in the
in its maximum period shall be imposed. period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of
Any person who, by simple imprudence or negligence, shall the Automobile Law, to death of a person shall be caused, in
commit an act which would otherwise constitute a grave which case the defendant shall be punished by prision
felony, shall suffer the penalty of arresto mayor in its medium correctional in its medium and maximum periods.
and maximum periods; if it would have constituted a less Reckless imprudence consists in voluntary, but without
serious felony, the penalty of arresto mayor in its minimum malice, doing or failing to do an act from which material
period shall be imposed. damage results by reason of inexcusable lack of precaution on
the part of the person performing or failing to perform such
When the execution of the act covered by this article shall act, taking into consideration his employment or occupation,
have only resulted in damage to the property of another, the degree of intelligence, physical condition and other
offender shall be punished by a fine ranging from an amount circumstances regarding persons, time and place.
equal to the value of said damages to three times such value, Simple imprudence consists in the lack of precaution
but which shall in no case be less than twenty-five pesos. displayed in those cases in which the damage impending to
be caused is not immediate nor the danger clearly manifest.
A fine not exceeding two hundred pesos and censure shall be The penalty next higher in degree to those provided for in this
imposed upon any person who, by simple imprudence or article shall be imposed upon the offender who fails to lend
negligence, shall cause some wrong which, if done on the spot to the injured parties such help as may be in this
maliciously, would have constituted a light felony. hand to give.